Eugene Car Accident Lawyers | Oregon Auto Accident Attorneys

Negligence in Causing a Car Accident

The first issue in every motor vehicle accident case is liability. You have a potential personal injury claim if someone else was negligent in causing the car accident. You may have a case as long as you were not greater than 50% liable in causing the collision. That’s called comparative fault in Oregon.

Liability is often established when the other driver violated Oregon’s rules of the road, such as by failing to obey a traffic control device (running a red light), following too closely (rear-ender), or failing to yield the right of way.

Liability may also be established in Oregon car accident cases through the more common sense ways, such as by proving that the other driver failed to keep a proper lookout or keep reasonable control of his vehicle.

Proving Liability and Case Preparation

When some firms take you as a personal injury client, your case is thrown in the hopper until you are done treating and ready to settle. This is one of the biggest disadvantages to a contingent fee: some lawyers are encouraged to spend as little time as possible on your claim.

However, Arnold Law Office’s personal injury lawyers prepare your case at day one as if it were going to trial. By prepping every car accident case as it were going to trial allows us to be in a strong position to settle your claim for as much as possible.

Auto accident case preparation is especially important when liability might be disputed by the other insurance company. You know that the insurance companies are interviewing witnesses, so your personal injury lawyer should at least know as much if not more than the other side. Since memories do not get better over time especially regarding the subtle details that can make or break a personal injury case, it’s imperative to collect as much evidence as soon as possible.

Additionally, physical evidence disappears over time as well that can be necessary in proving how your car accident occurred. Cars are repaired, sold, or scrapped. If we need to hire an accident reconstructionist it often needs to be done sooner rather than later.

Proving the Car Accident Caused Your Personal Injuries

The second issue in every Oregon personal injury or wrongful death case is whether we can prove that the car accident was a substantial factor in causing your injuries. This is often very commonsensical, in that you were fine before the accident and then you had injuries immediately afterwards. However, sometimes there are other factors that make it more difficult, such as pre-existing injuries, degenerative changes to the spine or joint, or gaps or delays in treatment. This is when it becomes imperative for your personal injury attorney to actively work on your case by either speaking to your treatment physician or hiring an orthopedist examine you and review your case.

Damages in Oregon Personal Injury Claims

The next issue is to determine the extent and amount of your damages. Oftentimes, a client asks us at the initial consult what their claim is worth or tell us that another lawyer said that their claim was worth lots of money. We do not tell clients values at the initial consult just to win you as a client. To do so before reviewing you medical records would be disingenuous.

You are entitled to both economic and noneconomic damages for your car accident claim. Economic damages are those damages that you can easily put a dollar value on, such as medical expenses, property damage, lost income, and other out-of-pocket losses or future losses.

Noneconomic damages are the more subjective losses that you commonly hear referred to as pain and suffering or the loss of enjoying of life. The benchmark for valuing any noneconomic claim is what a reasonable Lane County jury of twelve would award. Therefore, you need to hire an Oregon personal injury lawyer who not only has experience in settling cases but also in trying case to Oregon juries.

When interviewing potential personal injury lawyers, ask your lawyer how many cases they have tried in the past two years. The attitudes of potential jurors changes over the years. Just as trial skills become diminished over time, the knowledge of what juries do in cases like your becomes stale over time as well.

Settlement vs. Trial

The only real way to figure out what your case is worth is to take it to a jury trial. However, trial doesn’t happen in most Oregon personal injury cases. The goal in every case is to settle your personal injury claim for as much as possible. We attempt to do that by tendering a settlement demand package to the insurance adjuster, putting our best foot forward regarding your case and demanding a certain amount of money. The decision to settle always remains with the client. We will advise you on what we think your claim is worth but you decide whether or not to accept an offer. If you do not accept the insurance company’s offer, we can file a personal injury lawsuit and start the litigation process.

Choosing an Oregon Motor Vehicle Accident Lawyer

If you or a loved one has been injured by the actions or inactions of another, you need competent and experienced representation from an experienced Oregon trial attorney. Remember that the insurance companies, yours included, are not your friends. They are businesses interested in the bottom line and are accountable to their shareholders. Once you have a personal injury claim open, you become a liability to them. They are interested in ending your claim as soon as possible with as little payout as possible. That is why you need quality legal representation.

Our personal injury attorneys can deal with the insurance companies on your behalf and leave you to the important jobs of getting better and living your life. If you and your attorney have a contingent fee agreement, then retaining a personal injury attorney early on to deal with the insurance companies costs you the same as waiting.

“Our litigation experience, extensive preparation of cases, and attention to detail has allowed us to build a reputation as aggressive and successful advocates for our clients while adhering to high ethical and legal standards.”

If you or someone you know in Eugene or throughout Southern Oregon needs the assistance of an experienced personal injury lawyer, call an attorney at Arnold Law today at 541-338-9111.

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Representative Cases

PERSONAL INJURY

Product Liability – Zooma Scooter

Lawsuit against stand-up gas-powered scooter after handle bar welding failed, causing crash with elbow fracture. Plaintiff received a poor offer and then a dismal arbitration award. Plaintiff appealed to a jury trial. Jury trial result 25 times the arbitration award. Sometimes it takes a jury to sort out a case.

Product Liability/Wrongful Death – G-Max Motorcycle Helmet

Husband and wife were on their motorcycle when negligent driver pulled out in front of them. Wife’s helmet strap webbing failed and her helmet came off. She died of head trauma. Six figure settlement with G-Max distributor.

Nursing Home Death

Complex litigation involving a for-profit nursing home where a CNA who failed to give anti-seizure medication to Vietnam War veteran several times. He died from seizure. Status: confidential settlement.

Wrongful Death – Drunk Driver Kills Teenage Girl

After a party in the hills, a drunk driver rolls his car off of an embankment, seriously injuring his passengers and killing our client’s teenage daughter. The car’s severely intoxicated owner and surviving passengers claim the decedent was driving. Our investigation uncovered a possible conspiracy between the kids to blame the girl who couldn’t speak for herself. The DA’s Office convicted the car owner for Furnishing Alcohol to a Minor but refused to have the blood in the car analyzed for DNA to establish who was driving. Arnold Law was able to seize the blood evidence, had DNA tests performed, and hired a passenger kinesiologist to determine the locations of the occupants based on blood location. The discovery of the car owner’s blood on the steering column led to a negotiated settlement between the injured occupants and the owner’s insurance company.